NY Order of Protection Lawyer
The courts in New York may issue an order of protection as a part of your divorce or a part of your criminal case. These Orders of Protection are orders which the court will issue to help discontinue violence, assault, badgering, stalking or abuse from manifesting, which your NY Family Lawyer and/or NY Divorce Lawyer will explain to you (if your facing a charge as a result of an OOP contact a NY Criminal Lawyer). Your Family Lawyer will help you understand that when Orders of Protection are needed in your Family or Criminal Law case—whether in NY or Long Island, and whether you need protecting or you have an order filed against you—a NY Order of Protection Lawyer will take you through the mediations of this emotional and often complicated situation. The Family Attorneys at Stephen Bilkis & Associates, PLLC offer an initial free consultation to those needing assistance, be it on Staten Island or in New York City. The first step is reviewing the basics which have been assembled below by a knowledgeable NY Order of Protection Lawyer within our team.
Key Terms and Concepts
- In Family Courts in Nassau County, Queens, as well as in NY, the person seeking an Order of Protection is identified as the petitioner. The respondent is the person the petitioner wants to be protected from.
- The stay away order blocks all forms of communication between the petitioner and respondent, such as telephone calls, emails, personal meetings, written letters, and third party communications.
- A limited order or
- Do not harass order does not block all communication between the two parties. It maintains that the respondent not make threats, yell at, intimidate, or harass the petitioner.
- A type of stay away order given to persons dwelling in the same location is called the exclusion order (the order keeps the respondent away from that abode). When the Court is determining if this type of order should be granted, the party listed as the owner of the home or the person named on the lease, additionally who pays rent or mortgage is deemed inconsequential. Whether you have a NY penthouse or a Manhattan apartment is also without relevance.
- Final Orders are issued following a hearing or, if both sides agree, without a hearing. Temporary orders are to protect petitioners until the final order is issued by the Court, or whenever the claim has been released or retracted. Temporary orders can be granted before the respondent receives the papers on the same day the order was filed. Final orders usually last one year but may be prolonged for 2 years or beyond; “aggravating circumstances” (such as weapon involvement) can extend the Order of Protection for up to 5 years by order of the Court.
- Violating an order results in jail time by the Court’s order, regardless of if you are in NY or Brooklyn and whether it was a temporary or final order. The Family Court Judge may also find a respondent guilty of criminal contempt to which he would face jail from Criminal Charges.
Family Court against Criminal Court
Domestic violence victims have the decision to proceed in the Family Court or call the NY Police to arrest and prosecute their attacker in criminal court. The victim can if they wish, also, proceed in both courts, Family and Criminal, concurrently. An Order of Protection in NY Family Court can be filed against someone if both sides have had a child together, have been married, are related (blood or marriage), or had intimate relationship. (Ordinary socializing or casual acquaintances do not meet the requirements for an intimate relationship.) You must go through Criminal Court if you wish to file an Order of Protection against anyone else. A NY Criminal Lawyer is your key when confronted with criminal charges.
Special courts exist for some domestic violence cases which a NY Family Lawyer can educate you about—one judge will hear all the cases involving a single family unit. The special courts are seated in all New York City Counties—from Manhattan to Westchester County—and are called IDV, or “Integrated Domestic Violence” parts. (Defendant’s should follow this link NY Domestic Violence Lawyer)
Stephen Bilkis & Associates, PLLC understands that a victim’s safety is often dependant on an Order of Protection. And if you are contending with an Order of Protection against you, we can assist you with that as well. We have NY Order of Protection Lawyers informed of all the components accompanying these orders, such as retrieving your personal effects without violating the order. We have much knowledge in these areas and other Family Law matters, as Child Custody or Visitation, over all the regions of New York, including New York City and Nassau County. Please phone 1.800.NY.NY.LAW (1.800.696.9529) today and schedule your free consultation with an Attorney in one of our offices located throughout the NYC-area.